A British judge has dismissed a case against a South Australian man who is wanted in Germany for Holocaust denial. Fredrick Toben was arrested at Heathrow airport earlier this month while he was in transit from America to Dubai. He is wanted in Germany on charges that he is a Holocaust denier, after his Adelaide Institute website published claims that there was no mass murder of Jews by the Nazis.

Iranian President Mahmoud Ahmadinejad has recently described the Holocaust as a “myth”  He has stated:

“They(Israel) have invented a myth that Jews were massacred and place this above God, religions and the prophets,”

The ugly face of Holocaust Denial is still smiling across the globe over 63 years after the last concentration camp was liberated at the end of World War II.  It has become especially virulent in the area of social media where anonymity protects deniers like a white sheet.  Facebook is a prime example. According to this article which initially brought my attention to this issue, the following groups promoting Holocaust Denial are currently active on Facebook (as of the writing of this article).

“Based on the facts….There was no Holocaust”
http://www.facebook.com/group.php?gid=2452587161

“Holocaust: A series of Lies”
http://www.facebook.com/group.php?gid=80565100143

“Holocaust is a Holohoax”
http://www.facebook.com/group.php?gid=18701411294

“Holohoax”
http://www.facebook.com/group.php?gid=9371162562

“Holocaust is a Myth”
http://www.facebook.com/group.php?gid=15631489021

Holocaust Denial is not against the law in the United States.  In this country those who believe the Holocaust never occurred or has been over-stated have the public and private rights to their opinions in all media forums including social media.  Or do they?  As we traverse the social media universe stopping at, bulletin boards, Myspace, Digg and Facebook and YouTube we are bombarded with unpopular opinions.  Opinions on subjects such as the Holocaust that  fly in the face of all accepted historical research.  Social sites such as Facebook certainly have the right to allow diverse points of view on these politically and historically sensitive issues. Facebook also has Terms Of Service(TOS) that dictate the limitations on such content.  Facebook’s TOS contains the following limitation on the types of content that may not be posted on its site:

“upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.”

This is an important TOS as it relates to Holocaust Denial because Holocaust Denial does not enjoy the same protection in other countries that it does in the United States.  The advocation of Holocaust Denial is a crime in the following countries: Austria, Belgium, Czech Republic, France, Germany, Lithuania, Poland, Romania, Israel, Slovakia and Switzerland.  Of those countries, Facebook has an active presence by way of a localized platform in Germany. Do the existence of Facebook groups that advocate beliefs that are crimes in other countries violate Facebook TOS?  Seems to be a straightforward question that Facebook representatives are capable of answering.  Here is the argument for removal of Holocaust Denial groups:

Holocaust Denial is a crime in Germany as well as many other countries. Facebook has an independent presence in Germany. Facebook TOS would seem to prohibit content that violates the laws of the countries Facebook has a presence in. Much of this of course depends on how the words “local”, “state”, “national” and “international law“  are defined. I do not believe the definition of “international law” would trigger Facebook TOS.   It however could be argued that the words “local”, “state” and “national” have defenition implications beyond the borders of the United States. These words are not defined in the Facebook TOS.

I sent Facebook the following email which was a followup to a previous email exchange about copyright issues:

Alex:

The article I am writing is regarding Facebook TOS and Facebook Groups that support Holocaust Denial.  You may or may not know that Holocaust Denial is a crime in many European countries including countries where Facebook seeks to establish a presence such as Germany.  Facebook TOS specifically prohibit such groups from:

“upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.”

I am specifically referring to the following Facebook Groups:

Based on the facts….There was no Holocaust
http://www.facebook.com/group.php?gid=2452587161

Holocaust: A series of Lies
http://www.facebook.com/group.php?gid=80565100143

Holocaust is a Holohoax
http://www.facebook.com/group.php?gid=18701411294

Holohoax
http://www.facebook.com/group.php?gid=9371162562

Holocaust is a Myth
http://www.facebook.com/group.php?gid=15631489021

Is there anyone at Facebook I can ask for a comment on why these groups are permitted and/or do not violate Facebook TOS before I write the article?

Sincerely,

Brian  Cuban

To date I have received no response to my email from anyone at Facebook. No action of any kind has been taken even if that action would be to simply explain the Facebook TOS to me and how it applies to such groups. There appears to be a humorous irony in Facebook’s discretionary enforcement of its TOS.  Upload a copyrighted video. Remove it or you are gone.  Post someone’s Facebook profile on a blog.  You are gone.  Deny the Holocaust.  Have a field day.   It reminds me of a quote that is often seen in the context of the Holocaust:

All that’s necessary for the forces of evil to win in the world is for enough good men to do nothing”

To Facebook:  Thank you for doing nothing.

The NFL’s New York Jets and  New York Giants are in the mist of naming right negotiations for their new 1.3 billion dollar  stadium slated to open in 2010. The rights are expected to bring the teams between 20-30 million dollars per year.   While involving big bucks there normally would be just a behind the scenes ho-hum series of negotiations culminating with a press-release, sports page coverage and maybe a low key obligatory news conference.  The teams can only dream in retrospect that this could have been the scenario

The leading contender for the naming rights was  Allianz.  Allianz is a Germany based Insurance Company. Allianz was founded in 1890.  It is the largest financial service provider in the world.  Allianz already has has it name on Allianz Arena in its home city of Munich.  It was home to the 2006 FIFA World Cup.

Allianz also has significant historical ties to Nazi Germany. This is nothing new in terms of  Nazi history. Many currently reputable companies based in Europe played either direct or tangential roles in providing materials and services to the Nazis in aid of the war machine.  Allianz falls into a unique group. Their business relationships with the Nazis were not related to advancing the war effort.  Their services directly aided in advancing “The Final Solution”.  The genocide of all Jews in Europe and ultimately the world. According to noted historian Gerald Feldman, Allianz had given money owed to Jewish beneficiaries of their life insurance policies to the Nazi authorities instead. They also insured the construction of concentration camps.  Feldman has written that Allianz sold life insurance policies to Jews with knowledge that Jews were being murdered in mass.  They knew there would be very little if any chance of ever collecting.  Allianz allegedly further collaborated with the Nazis to hide the fraud being committed on the Jews from the outside world portraying what Feldman termed “business as usual”.  As an interesting media side-note the Allianz ties to Nazi Germany was dramatized in a Law and Order Episode entitled ” Blood Money“.

The the thought of driving past or entering “Allianz Stadium”  with the ghosts and memories of 6 million murdered Jews emanating from it created an uproar not only the Jewish community but many local New York and New Jersesy community leaders. Allianz has responded to previous complaints and accusations by stating that it has made restitution to Holocaust victims and has therefore atoned for its sins.  It should not be held further accountable in its business dealings.   There are those that disagree. Elan Steinberg, the former director of the World Jewish Congress said Allianz still owes Jewish beneficiaries some $2 billion dollars.  Steinberg is notable for negotiating the 1998 multi-billion dollar global Holocaust settlement from Swiss and other international banks and business interests holding assets belonging to Holocaust victims.  Interestingly Allianz allegedly held up insurance payments to 9-11 victims, finally paying when confronted with threatened government action.

In the end the Stadium Authority decided that the public relations disaster barreling towards them like a tidal wave and the collateral good will and public relations damage that would ensue was not worth taking the highest bidder.  There were certainly millions to be had from other interested parties with less sordid corporate pasts. The Sports Authority issued a brief statement that negotiations with Allianz for naming rights had terminated.

Was Allianz treated unfairly?  As a descendant of Russian Jews I am acutely aware of the historical, moral and personal connection that Jews feel to the Holocaust and intentional an unintentional  actions that diminish the inhuman magnitude of horror that it represents.  I believe the Stadium authority did the right thing in rejecting the Allianz bid.  The bid should not have been rejected because of what Allianz represents as a company. They represent a  successful  financial services company trying to maximize their exposure and profits.  Good for the Giants and Jets.  Good for Allianz.  Good for the local economy. Sound business sense.  Allianz should not have gotten the bid because of what the name “Allianz” represents as a “historical brand”   Whether they like it or not the Allianz  historical brand presently carries a significant current Holocaust taint to it.  As long as that taint exists to the brand Allianz has a responsibility to  wield their brand with sensitivity and restraint. Companies have a duty to consider the historical taint when doing business with Allianz.   When history and world opinion finally dictates that the Allianz historical brand has been cleansed to the extent to it ho longer carries the ghost of 6 million dead, then and only they can should they expand the marketing of that brand to areas bringing the public conscience into play  as compared to the individual consumer purchase.

There will certainly be a day when the Allianz brand is cleansed and ready to re-enter the business world marketing to the public consumer and the public conciense without guilt or a historical flogging.  Today is not that day.

Brothers Alexander Adolph, Louis and Brian William live in a quiet working- class suburb in Long Island ,New York. They are all native New Yorkers. None have ever married or had children. Two of them have their own landscaping business and one is a social worker. Their brother Howard died in an auto accident. It has been reported that these brothers have lived a sad life by most standards. Living in seclusion, loneliness and fear. An existence with no vision or concept of what the American dream could or should mean to them. The dream of marriage, family children, grandchildren. The hope and dreams that we all grab hold of. The hope that our children will have better lives than we have. The hopes that our name and bloodline will be carried well into the future long after we are dust. Hopes not denied ny death, disease or inability to enjoy the anticipation of the future. Hopes these boys have apparently denied themselves with purpose and resolve.

Why is this story any different or any more important than the struggles others living in the same neighborhood the same street, their next door neighbors? What has eliminated the hopes of the future of family and the continuation of family name to be carried proudly into future? Two words that are vilified world-wide have apparently crushed this middle class America family. Those words are “Adolph Hitler“.

The nephews of Adolf Hitler are alive and well in Long Island, New York. The only American descendants of Adolph Hitler are living quietly under assumed names. In about 40-50 years, barring death by unnatural causes, this bloodline of Adolph Hitler will be severed for all time. The brothers have reportedly entered into a pact that none will marry or have children. This will put an end to the irony and curse of the Hitler legacy in the United States.

How did relatives of Adolph Hitler end up living a middle class life in Long Island, New York? It is certainly not something we would envision.

William Patrick Hitler was born in Liverpool in 1911. He was the son of

Adolph Hitler’s half-brother Alois. William moved to Berlin in the 1930’s. He attempted to capitalize on the notoriety of the Hitler name using various ploys and his resemblance to Hitler to make money. It is reported that Hitler himself regarded William as a freeloader and buffoon calling him one of his “most repulsive” relatives. Just prior to the German invasion of Poland, William took his show on the road to the United States.

Much as modern day celebrities, he charged per appearance to regale not yet “Hitler sensitized” American audiences with life “inside the Nazi Reich”. As America was drawn into the war and Americans became aware of the brutal nature of the Hitler regime, the glamour and appeal of profiting off the Hitler name undoubtedly waned and quickly turned to fear of reprisal and ridicule. He later attempted to enlist in the military and was rejected. Not happy with this he wrote a letter to President Franklin D. Roosevelt. As one can imagine a letter from a blood relative to the man considered “evil incarnate” caused quite a stir. The letter triggered an investigation by the FBI. He was determined not to be a threat and eventually was allowed to enlist in the United States Navy. After the war, he made his way to New York City and then Long Island, NY, where he married, had children and lived the rest of his years. William Patrick Hitler passed away in 1987. In addition to material things handed down to his nephews he passed on an incurable disease. A disease no less insidious than had he passed on Leprosy. A disease marked by seclusion, ridicule and shame. The disease of the Hitler name and genetics. A disease deemed so terrible by the nephews that they determined the only way to cure it was to deny themselves all that we love and cherish by entering into the Hitler Pact to end the blood-line forever.

While there certainly is curiosity value to the existence of the Hitler blood descendants in the United States, there are fascinating questions in both psychology and science.

What internal and external psychological forces drive three brothers to voluntarily choose to suppress those basic biological drives that we all possess and strive to fulfill? How has this denial of these basic instincts affected their psychological health?

What can genetic testing of these brother tell us? Are the brothers carrying any genetic markers that would offer some explanation for Hitler’s psychopathic behavior?

Can genetic testing tell us whether Hitler had any Jewish lineage? One of the most historically fascinating remaining question about Hitler unresolved to this day is whether Adolph Hitler had any Jewish ancestors or as he would put it “Jewish blood”. It is a popular wives tail that Adolph Hitler was part Jewish but this has never been confirmed. If DNA testing on Hitler blood relatives can not tell us, it will probably remain a mystery for all time. It has been reported that Hitler himself was obsessed with this possibility. Hitler tried his best to hide his origins. According to Dr. Fritz Redlich in his book, Diagnosis of A Destructive Prophet, Hitler feared that his paternal grandfather was Jewish. As noted in the book, Hitler’s Jewish Soldiers, there are few publications that examine this issue and none have verified sources. Pages 172-175 of the book contain a fascinating discussion of the various arguments on both sides of the coin.

In order to get a more complete perspective on the DNA issue I consulted author and historian Dr. Bryan Mark Rigg Ph.D. He is the author of Hitler’s Jewish Soldiers and Rescued From The Reich. Here is what he had to say:

“If the DNA shows anything, it will show how interconnected we all are. It could possibly answer the question of his possible Jewish background. While a gene study might give us some insight into his psychopathic behavior, it was probably more of a product of his abusive upbringing. Regardless of his background, he was an angry, evil man. In the end, it would help us all realize that we need to learn how to embrace the good in us and fight the evil regardless of our genetics. In the end you do not need proof of Hitler’s genetics to learn this truth about humanity.”

Will Alexander Adolph, Louis or Brian William ever tell us what their hopes and dreams have been and what they are now? Will they tell us why they entered into a pact never to marry or have children? Was it to spare their spouses and children the ridicule and loneliness they must have suffered.? Could it be much simpler in that they foresaw certain rejection from any women who discovered their secret and were sparing themselves the pain. Did they fear the uncertainly of the “Hitler genetics”? While this “societal sterilization” was self-imposed, it was also pushed on them by the thread of intolerance that often dooms generations upon generations to pay for the sins of their parents. These three healthy boys who were born with no future as if they had an incurable disease that will be genetically passed down for all time, the only solution was apparently to stop the bleeding by ceasing to exist. The Hitler Nephews are reportedly writing their own book about their experiences. Can they offer more than science? In the meantime the heart of humanity beats on…

John Demjanjuk(photo AP)

Should the passage of time mitigate punishment for war crimes so heinous that they shock the conscience? The Justice Department’s Office of Special Investigations(OSI) continues to aggressively pursue aging Nazi War Criminals. They vow to continue until the last one hiding in the United States is caught and brought to justice. The only **constitutional brand of justice the United States can inflict is to strip these Nazi geriatrics of their citizenship and deport them to their homelands hopefully to face a much harsher justice if prosecuted and convicted of World War II war crimes. The U.S. government has won 105 cases against former Nazis. Cases are pending against 16 others.

An appeals court has ruled against accused 87 year old Nazi guard John Demjanjuk bringing him one step closer to deportation. Demjanjuk, a retired auto worker, was once wrongly convicted of being the sadistic Nazi death camp guard “Ivan the Terrible” and sentenced to death in Israel. The Israeli Supreme Court later overturned the conviction, saying another man was probably “Ivan,” a sadistic guard at the Treblinka death camp where 870,000 people died. He was stripped of his U.S. citizenship again in 2002, with a judge ruled that he had worked as a guard at other death camps. He is still living free in the United States. The problem has been that no country would take him. This issue appears to be nearing closure as both Germany and Spain have now stepped up and demanded his extradition. Germany wants him for his alleged part in the torture of Jews at the Sobibor Death Camp. Spain wants him for the torture of Spaniards at Nazi concentration camps. Edward Nishnic, a spokesman for Demjanjuk’s family stated:

“This is taking it to the ridiculous……. It’s another form of harassment against a very and very frail man.”

There is no doubt that there is sympathy and support for Demjanjuk. Should there be?

Josias Kumpf(photo AP)
On June 16, 2008, a U.S. appeals panel upheld an order to deport 83-year-old Josias Kumpf. Kumpf is accused of serving as a Nazi SS guard whose duty was to finish off dying Jews in a two-day mass execution in Poland that killed more than 40,000.

On June 10, 2008 retired Pennsylvania steelworker Anton Geiser 83, was ordered deported. Geiser served as an armed SS guard at Sachsenhausen concentration camp. He later escorted prisoners to and from the Buchenwald concentration camp where tens of thousands of Jews and others were exterminated.

According to an article in the Pittsburgh Tribune:

“Geiser’s neighbors in Sharon said they were shocked by the lawsuit and will stand behind Geiser, describing him as a wonderful person. One neighbor, Diane Dach, said the government should not attempt to punish Geiser now....”

Paul Henss and wife

Last year U.S. authorities began deportation proceedings against an 85-year-old Georgia man who they say served as a Nazi guard and trained and handled attack dogs at the Dachau and Buchenwald concentration camps in Germany. Paul Henss is a German citizen who lives in suburban Atlanta. The Justice Department stated that he entered the U.S. in 1955 after hiding his concentration camp service.

When asked about the allegations Henss said:

“That was in 1942,I didn’t know what they were doing with the people.”

Elfriede Rinkel led a quiet life in America for over 40 years with her Jewish husband, a German born Jew whose parents had died in the Holocaust. She had a dark secret. Her past included her job as a dog handler at the Nazi concentration camp at Ravensbrück. She kept the secret from her late Jewish husband for forty-two years, living quietly in San Francisco. When he died the 84-year-old German woman, Elfriede Lina Rinkel, admitted that she served as a guard at the Ravensbrück concentration camp during World War II. She has since been deported back to her native Germany. When asked about her concentration camp activities Rinkel stated that she had “done nothing wrong” and had only watched prisoners so they would not “run away” She went on to state:

“I am not a Nazi. My relatives are not Nazis. I did nothing wrong,“

During World War II, many atrocities were committed against civilians by the Nazis and other Axis nations. These atrocities were committed as part of Hitler’s genocidal quest to rid Europe of all Jews and “inferior races”. Many of those responsible were captured and tried. Many managed to escape capture and slip undetected into countries all over the world. They hid their Nazi past when entering the United States and other countries. They managed to live quiet, peaceful lives. Many died of old age peacefully in their beds without ever having to face the brutality of their past having denied that peaceful passing to thousands.

Most scholars agree on a figure of between 1,000 and 3,000 war criminals who have found haven in the United States since the war’s end. Most have already died. Those still alive are in their eighties or older and often claim poor health as an excuse not to stand trial. You can view a list of the world’s most wanted Nazi War Criminals on the Simon Wiesenthal Center web site.

Time is running out to apprehend these geriatric fugitives. There is a general consensus that within a decade all but a few will be dead of old age or other illness. These are just the ones who may be residing in the United States. They are being hunted world wide by the Simon Wiesenthal Center. It is estimated that there are 480 suspected Nazi war criminals living in 20 countries. In the United States they often have wives, children,grandchildren and great-grandchildren who they will leave if deported. Most are suffering from multiple age related physical ailments. Should this be a consideration? Should the fact that they led quiet lives as model citizens matter? Should we now have mercy on those whose atrocities so transcended humanity that most were hanged or sentenced to long prison terms after the war. I f your father was murdered while you were a child and the murderer is caught 50 years later, does the passage of time lesson the heinous nature of what was taken from you? This and more was taken from millions of Jews, Poles, Christians, Gypsies and others by a regime so viscous that to even invoke the word “Nazi” in some forms or to deny the events took place is a crime in some countries.

Has the United States immigration bureaucracy made it a haven for geriatric Nazis wanting to live out their last days as free men? The deportation process including appeals in the United States can last years. Even when a deportation order is issued and the appeals exhausted there is often no country willing to accept these war criminals. The 8th amendment prohibits them from being incarcerated indefinitely until a country is found willing to accept them so they are set free. They should feel very fortunate. Nazis hiding in other countries are sometimes not so lucky. In 1960 Israeli agents kidnapped suspected Nazi war criminal Adolf Eichmann and spirited him back to Israel for trial. He was tried on public television(broadcast live on ABC). He was found guilty and hanged. Some Nazis in hiding are never apprehended. Dr. Josef Mengele, “The Angel Of Death”, was one of the most wanted war criminals in history. He performed gruesome genetic experiments on the children and adult inmates of the Auschwitz concentration camp. Despite a massive Israeli manhunt, he died a free man in 1979. He allegedly drowned while swimming.

Milivoj Asner(Interpol)
Some suspected Nazi war criminals are very lucky and enjoying life abroad. 95 year-old Milivoj Asner holds the number 4 spot on the Simon Wiesenthal Center’s most wanted Nazi criminals’ list. He was recently spotted(photos) taking in the Euro 2008 soccer championship. Mr. Asner is wanted in Croatia to stand trial for deporting hundreds of Jews, gypsies and Serbs to World War II death camps. His native Austria has refused to extradite him citing his alleged failing health. The photos of him at Euro 2008 have sparked outrage in the Jewish community. They show him in apparent good health. The Asner case spotlights the criticism certain countries/nations have received for their refusal to take action with regards to Nazi war criminals living within their borders. Some of these are the United Kingdom, Australia and Sweden. You can read a report on who is doing what here.

Does the passage of time in itself provide absolution for genocidal conduct during World War II? Should a 90 year old who murdered in the concentration camps or who aided said genocide suffer any less penalty because he is 90, has children or grandchildren? Should that person be deported and tried under the same laws that resulted in the hanging and imprisonment of the Nazi’s tried at Nuremberg?

Heinrich Bore(Photo AP)
This is an international dilemma. Germany is preparing for what will probably be its last World War II war crimes trial against 86-year-old former Waffen SS death squad soldier Heinrich Bore. Bore previously been sentenced to death by a Dutch court in 1949 but has never been extradited. He is currently living in a senior citizens home. Health issues may prevent his trial in Germany from ever going forward. Should it go forward?

Who is the oldest suspected Nazi war criminal living in the United States? That dubious honor belongs to 92 year old grandfather Vladas Zajanckauskas. He is suspected of being part of a Nazi “extermination squad” and of having participated in the Warsaw Ghetto Liquidation. His orders were as follows:

“You will kill every Jewish man, women and child you can lay your hands on….”

When asked about the allegations and his possible deportation Zajanckauskas stated:

“I hope they wouldn’t deport me. Last my days….and I already bought a grave for myself in cemetery, with stone and everything. My name. My wife’s name.”

In August 2007 Mr. Zajanckauskas was ordered deported to his native Lithuania where he is also facing a war crimes investigation. It is unclear as of this writing whether he has left the United States or is even living.

Vladas Zajanckauskas(photo BBC)
Should Mr. Zajanckauskas and other Nazi geriatrics be left alone to spend their few remaining days, months or years in peace with only the torment of the outraged masses that they are still free while millions died both out of genocide and fighting to end the genocide? It is a rhetorical question to those of us of Jewish Faith. It however is not a Jewish World.

**The thought of the United States actually “prosecuting” Nazi war criminals is a misnomer. All the U.S. can constitutionally do is strip them of their citizenship and deport them. These are civil and not criminal actions.

©2008 Brian Cuban